GST: How it will impact advertising budgets? June 2017

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1 GST: How it will impact advertising budgets? June 2017

2 Background The levy of GST will have diverse impacts across sectors, and this could impact their ability to spend on advertising The objective of this document is to list down the possible impacts across different sectors It can be used to update sales teams, and prepare them with possible questions on the advertising budgets and it is only educative in nature We hope you find it useful Disclaimer: Do note, that the law is yet to be finalized, and this document is based on the current reading of the law, and is subject to change. This has been prepared on a best effort basis. Please use discretion and take professional advice prior to taking decisions based on the points of view mentioned in this document.

3 Key sectors covered FMCG Consumer durables Auto Ecommerce Banking and Financial services Real Estate Airlines flying domestic sectors Airlines flying international sectors Cigarettes Alcohol for human consumption Retail Hotels and hospitality Government Telecom Petroleum Power and utility Insurance Gold jewellery retailers Textile Education institution Tour Operators

4 Trade impact Every manufacturer, service provider and trader will be impacted positively in the GST regime provided his income is liable to GST. We have provided a generic impact on all such manufacturers,service providers and traders below and have provided specific industry impact later on: Type of commerce Minimum GST impact Advertisement budget impact Manufacturers Credit of Swachh Bharat Cess (SBC) at 0.5% and Krishi Kalyan Cess (KKC) at 0.5% was not available in the pre-gst regime. In GST, full credit of GST (either at 5%: onprint advertisements or 18%: on nonprint advertisements) charged on the advertisement spent will be available. Advertising budget will increase by 1% Service providers Credit of Swachh Bharat Cess (SBC) at 0.5% was not available in the pre-gst regime. In GST, full credit of GST (either at 5%: on print advertisements or 18%: on nonprint advertisements) charged on the advertisement spent will be available. Advertising budget will increase by 0.5% Traders Credit of Service Tax at 14%, Swachh Bharat Cess (SBC) at 0.5% and Krishi Kalyan Cess (KKC) at 0.5% was not available in the pre- GST regime. In GST, full credit of GST (either at 5%: on print advertisements or 18%: on nonprint advertisements) charged on the advertisement spent will be available. Advertising budget will increase by 15% 4 GST: How it will impact advertising budgets?

5 Industry-wise impact Every sector has different challenges in GST and we have attempted to capture generic impact on each sector in the table below. The impact could differ within a sector between companies and hence, this information should be used only after consultation. Industry sub-sectors GST Implications Advertisement budget impact FMCG Most of the companies in FMCG sector have their factories set up in excise free zones. Hence, in the pre-gst regime FMCG sector was not eligible for full input tax credit. In GST regime, FMCG sector will be able to avail full input tax credit, as area based exemptions are likely to be withdrawn. FMCG advertisers will be able to advertise more in the same budget as cost of advertising will reduce. Need to educate sales teams to prevent downward rate pressure due to optical increase in advertising budgets. Consumer durables Consumer durable companies based out of excise free zones were not eligible for full input tax credit of service tax charged in pre-gst regime. In GST, full input tax credit would be allowed to consumer durable companies. Consumer durable companies engaged in import of manufactured durables, were not eligible for input tax credit of service tax charge in pre-gst regime as their output tax was only subjected to state VAT. In GST regime, such companies would benefit from availing full input tax credit. Consumer durables advertisers will be able to advertise more in the same budget as cost of advertising will reduce. Need to educate sales teams to prevent downward rate pressure due to optical increase in advertising budgets. Auto Some of the auto companies based out of excise free zones were not eligible to claim full input tax credit of service tax charged in pre-gst regime. Under GST, full input tax credit will be allowed to such auto companies. Auto companies engaged in import of completely built unit, were not eligible for input tax credit of service tax charge in pre-gst regime as their output tax was only subjected to state VAT. In GST regime, such companies would benefit from availing full input tax credit. Automobile sector advertisers will be able to advertise more in the same budget as cost of advertising will reduce. Need to educate sales teams to prevent downward rate pressure due to optical increase in ad budgets. GST: How it will impact advertising budgets? 5

6 Industry-wise impact Industry sub-sectors GST Implications Advertisement budget impact Ecommerce Under the pre-gst regime, e-commerce companies were eligible to claim input tax credit of service tax charged on advertisements. However, loss making e-commerce companies having accumulated credit balances on account of huge advertisement spends would be negatively impacted as accumulated credit would increase in GST on account of increase in rate of tax on print and non-print advertisements. Depending on working capital requirement of ecommerce companies, advertisement budget may increase / decrease. Loss making companies having accumulated credits could initiate budget curtailment due to cash blockages in credits. Banking and Financial services Under the pre-gst regime, Banking sector was suffering partial reversal on their input tax credit. Under GST, Banks would continue to reverse partial input tax credit. Thus, the impact would be negative as the rate of tax has increased on print and non-print advertisements. Banking and financial services sector companies will be able to advertise less in the same budget, as effective cost of advertising will increase under GST regime. Real Estate Under the pre-gst regime, developers were eligible to claim input tax credit of advertisement services against the liability of under construction properties. In GST, developers shall continue to be eligible to claim input tax credit against liability of under construction properties. However, since sale of completed properties is kept outside the ambit of GST, developers may suffer reversal of input tax credit. Depending on proportion of sale of under-construction properties vis-à-vis completed properties, real estate advertisers will be able to advertise more (in case of proportion of 'underconstruction' properties is more) in the same budget as cost of advertising will increase or reduce accordingly. 6 GST: How it will impact advertising budgets?

7 Industry-wise impact Industry sub-sectors GST Implications Advertisement budget impact Airlines flying domestic sectors Under the GST regime, domestic airlines would suffer an incremental increase in rate of taxes on output as well as input. However, there would be no major impact as full input tax credit of GST charged shall be available. Airline (domestic sector) advertisers will be able to place similar number of advertisements in same budget, as no major change in effective cost of advertising. Airlines flying international sectors In GST, the quantum of input tax credit reversal may increase or decrease vis-a-vis the pre-gst regime. The quantum is dependent on the share of revenue earned from transportation of passenger or cargo. Airlines with more cargo transportation revenue are likely to be better off as compared to airlines with passenger transportation revenue, as less input tax credit reversals would be required. Increased cost for advertisers (depending on reversals applicable) could accordingly impact number of advertisements in a same advertisement budget. Cigarettes Cigarettes companies have restriction on advertising their products in mass media. Promotional material installed at dealers premises were not fully eligible to claim input tax credit under the pre-gst regime. It is possible that under the GST regime, the tax charged on such material may be available as input tax credit. Reduced cost of advertising for cigarettes companies. Cigarettes companies will be able to advertise more in the same budget. Alcohol for human consumption Alcohol for human consumption has been kept out of the ambit of GST. Hence, pre-gst tax regime continues to be applicable on the sector. Due to increase in rate of print and non-print advertisements, the overall cost of advertisements shall increase. Advertisement for surrogate products will be based on sectors in which those products fall. GST charged to alcohol companies to be cost. Thus, effective sales budget could reduce to the extent of net increase in tax cost. Alcohol companies will advertise less in the same budget, on account of increased cost of advertising. GST: How it will impact advertising budgets? 7

8 Industry-wise impact Industry sub-sectors GST Implications Advertisement budget impact Retail Under the pre-gst regime, retailers were not eligible to claim input tax credit of service tax charged on advertisement spends. Under the GST regime, retailers shall be eligible to claim full input tax credit. Retail advertisers will be able to advertise more in the same budget as cost of advertising will reduce. Need to educate sales teams to prevent downward rate pressure due to optical increase in ad budgets. Hotels and hospitality Hotels and banquets were liable to service tax, state VAT and luxury tax in the pre-gst regime. Hence, hotels were not eligible to claim full input tax credit of service tax charged on advertising spends. In GST, hotels and banquets will be eligible to claim higher input tax credit as compared to pre-gst regime. Hotel and hospitality advertisers will be able to advertise more in the same budget as cost of advertising will reduce. (depending on quantum of increase in credits) Government Government is not eligible to claim input tax credit either under service tax regime or GST regime. Due to increase in rate on print and nonprint advertisement, the overall cost of advertisements shall increase. Increase in tax rates for advertisements to be an increased cost to governments; would result in reduction of advertisements in same budget. Ad campaigns with governments to be finalised post agreeing state wise bifurcation of ad campaign spends. Telecom Under the pre-gst regime, Telecom companies are eligible to avail input tax credit of taxes charged on advertisement spends. Telecom companies shall continue to avail full input tax credit of GST charged. Telecom advertisers will be able to place similar number of advertisements in same budget, as no major change in effective cost of advertising. 8 GST: How it will impact advertising budgets?

9 Industry-wise impact Industry sub-sectors GST Implications Advertisement budget impact Petroleum Petroleum sector has been kept out of the ambit of GST. Hence, current tax regime continues to be applicable on the sector. In the current regime, petroleum companies were eligible to claim input tax credit of service tax charged on advertisement services against excise duty liability. However, in GST, input tax credit charged will be partially available and hence, it will be an additional cost on the advertisement spends. Entire tax charged under GST to petroleum companies to be an increased cost. Thus, effective sales budget could reduce to the extent of tax cost. Petroleum companies will advertise considerably less in the same budget, on account of increased cost of advertising. Power and utility Power companies are subject to electricity duty and have been kept out of ambit of GST. Any indirect tax charged to such companies was not eligible as input tax credit under pre-gst regime. Under GST regime also, power companies would continue to be ineligible to avail input tax credit of the GST charged. Due to increase in rate of print and non-print advertisements, the overall cost of advertisements shall increase. GST charged to power companies to be cost. Thus, effective sales budget could reduce to the extent of net increase in tax cost. Power companies will advertise less in the same budget, on account of increased cost of advertising. Insurance Under the pre-gst regime, insurance companies are eligible to claim full input tax credit of service tax charged on advertisement. Insurance companies would continue to avail full input tax credit of GST charged. Insurance sector advertisers will be able to place similar number of advertisements in same budget, as no major change in effective cost of advertising. Gold jewellery retailers Under the pre-gst regime, gold jewellery retailers were not eligible to claim input tax credit of taxes charged on advertisement spends. Under GST regime, gold retailers would get input tax credit of taxes on advertisement spends, thereby increasing the effective budget for advertisement spends. Gold jewellery retailers' advertisers will be able to advertise more in the same budget as cost of advertising will reduce. (depending on quantum of increase in credits) GST: How it will impact advertising budgets? 9

10 Industry-wise impact Industry sub-sectors GST Implications Advertisement budget impact Textile Under the pre-gst regime, certain textile products were exempted from tax, resulting into reversal of input tax credit. In GST, with curtailment in the number of products being exempted, reversals on account of exempted revenue would reduce and input tax credit of taxes charged on procurement shall be available. Thus, the impact on textile sector is slightly positive. Textile sector advertisers will be able to advertise more in the same budget as cost of advertising will reduce. (depending on quantum of increase in credits) Education institution Under the pre-gst regime, services provided by educational institution are exempted. The exemption has been continued under GST regime. Due to increase in rate of print and non-print advertisements, the overall cost of advertisements shall increase. Education institutions advertisers will be able to advertise less in the same budget, as effective cost of advertising will increase under GST regime. Tour Operators In the GST regime, services provided by Tour Operators have continued to be taxed with no input tax credit. Due to increase in rate of print and non-print advertisements, the overall cost of advertisements shall increase. Tour Operator advertisers will be able to advertise less in the same budget, as effective cost of advertising will increase under GST regime. 10 GST: How it will impact advertising budgets?

11 Our M&E GST team Uday Pimprikar Utkarsh Sanghvi Our offices Ahmedabad 2 nd floor, Shivalik Ishaan Near C.N. Vidhyalaya Ambawadi Ahmedabad Tel: Fax: Bengaluru 6 th, 12 th & 13 th floor UB City, Canberra Block No.24 Vittal Mallya Road Bengaluru Tel: Fax: Ground Floor, A wing Divyasree Chambers # 11, O Shaughnessy Road Langford Gardens Bengaluru Tel: Fax: Chandigarh 1 st Floor, SCO: Sector 9-C, Madhya Marg Chandigarh Tel Fax: Chennai Tidel Park, 6 th & 7 th Floor A Block (Module 601, ) No.4, Rajiv Gandhi Salai Taramani, Chennai Tel: Fax: Delhi NCR Golf View Corporate Tower B Sector 42, Sector Road Gurgaon Tel: Fax: rd & 6 th Floor, Worldmark-1 IGI Airport Hospitality District Aerocity, New Delhi Tel: Fax th & 5 th Floor, Plot No 2B Tower 2, Sector 126 NOIDA Gautam Budh Nagar, U.P. Tel: Fax: Hyderabad Oval Office, 18, ilabs Centre Hitech City, Madhapur Hyderabad Tel: Fax: Jamshedpur 1 st Floor, Shantiniketan Building Holding No. 1, SB Shop Area Bistupur, Jamshedpur Tel: BSNL: Kochi 9 th Floor, ABAD Nucleus NH-49, Maradu PO Kochi Tel: Fax: Kolkata 22 Camac Street 3 rd Floor, Block C Kolkata Tel: Fax: Mumbai 14 th Floor, The Ruby 29 Senapati Bapat Marg Dadar (W), Mumbai Tel: Fax: th Floor, Block B-2 Nirlon Knowledge Park Off. Western Express Highway Goregaon (E) Mumbai Tel: Fax: Pune C-401, 4 th floor Panchshil Tech Park Yerwada (Near Don Bosco School) Pune Tel: Fax:

12 Ernst & Young LLP EY Assurance Tax Transactions Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. Ernst & Young LLP is one of the Indian client serving member firms of EYGM Limited. For more information about our organization, please visit www. ey.com/in. Ernst & Young LLP is a Limited Liability Partnership, registered under the Limited Liability Partnership Act, 2008 in India, having its registered office at 22 Camac Street, 3rd Floor, Block C, Kolkata Ernst & Young LLP. Published in India. All Rights Reserved. EYIN ED None This publication contains information in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Neither Ernst & Young LLP nor any other member of the global Ernst & Young organization can accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any material in this publication. On any specific matter, reference should be made to the appropriate advisor. VN EY refers to the global organization, and/or one or more of the independent member firms of Ernst & Young Global Limited EY LinkedIn EY India EY India careers

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